Legal provisions
For your information the legal provisions are as follows:
Land Drainage Act 1991 as amended by the Flood and Water Management Act 2010 (FWMA10)
Section 23(1) of the Land Drainage Act 1991 (LDA91) provides:
No person shall: (a) erect any mill dam, weir or other like obstruction to the flow of any ordinary watercourse or raise or otherwise alter any such obstruction; or (b) erect a culvert in an ordinary watercourse, or (c) alter a culvert in a manner that would be likely to affect the flow of an ordinary watercourse, without the consent in writing of the drainage board concerned.Failure to apply for a consent
Under the Land Drainage Act 1991 if works are executed without first obtaining a formal written consent from us we have the power to serve a notice under Section 24(1) requiring you to abate the nuisance within a specified time.
Failure to comply with the notice is a criminal offence. Steps may be also be taken to abate the nuisance and recover from you the expenses so incurred.
Data Protection Act 1988
The Data Protection Act, which came into force in March 2000, requires that Suffolk County Council, as a Lead Local Flood Authority, advises its customers how data relating to individuals will be processed and disclosed.
The information provided will be processed by Suffolk County Council as the Lead Local Flood Authority to deal with your application, to monitor compliance with the Licence/permit/registration conditions, to process renewals, and for maintaining the relevant public register(s).
We may also process and/or disclose it in connection with the following:
consulting with the public, public bodies and other organisations (e.g. Health and Safety Executive, Local Authorities, Emergency Services, DEFRA, Environment Agency, Internal Drainage Boards) on environmental issues;
- carrying out statistical analysis, research and development on environmental issues;
- providing public register information to enquirers;
- investigating possible breaches of environmental law and taking any resulting action;
- preventing breaches of environmental law; and
- assessing customer service satisfaction and improving our service.
We may pass the information on to our agents/representatives to do these things on our behalf.